New Delhi [India], August 16 (ANI): The Tis Hazari court has recently acquitted an undertrial prisoner, Salman Tyagi, accused of assaulting the Deputy Jail Superintendent in Tihar Jail. The court acquitted the accused and said that the prosecution failed to prove the allegations beyond a reasonable doubt.
This incident occurred in 2021, and an FIR was registered at Hari Nagar Police Station.
This case pertains to the alleged assault and beating of the Deputy jail superintendent by the accused during production through video conferencing (VC) in the VC room.
Judicial Magistrate First Class (JMFC) Bharti Garg acquitted Salman Tyagi after considering the evidence and submissions of counsel for the accused and the public prosecutor.
The court held that the FIR was not promptly registered; there was ample opportunity to concoct and deliberate with the complainant to file an embellished report.
“Not only this, the complaint filed under section 195 CrPC also appears to have been made in a mechanical manner with the sole intent to falsely implicate the accused,” the court said in the judgment passed on August 6.
The court noted that the CCTV footage of the incident was not on record. The investigation officer also did not produce the duty roster or any other document to show that the victim was on duty in the VC room on the date of the incident.
While acquitting the accused, the court said that the documentary evidence adduced by the prosecution also suffers from serious infirmities and adds up to the pile of contradictions emerging in the prosecution’s case, thereby leading to the irresistible conclusion that the accused is entitled to the benefit of doubt.
The court said, “In other words, the prosecution has failed to prove that the accused had obstructed the complainant in the discharge of official duties by assaulting him or using criminal force against him.”
“Resultantly, since the prosecution has failed in proving its case beyond a reasonable doubt against the accused, the accused Salman Tyagi is held not guilty and hereby acquitted of the offences punishable under Sections 186 and 353 of the Indian Penal Code, 1860,” the court added.
Advocate Deepak Sharma appeared for Salman Tyagi. He argued that there are inherent inconsistencies in the testimonies of prosecution witnesses on material facts like the date of the incident. The IO did not collect the CCTV footage despite its availability, which raises doubt on the veracity of the prosecution’s case.
It was further argued that there has been an unexplained delay of three days in the registration of FIR. Hence, the case is not proved against the accused beyond all reasonable doubts.
The case of prosecution is that on 30.07.2021 at the VC Room, Control Room, Jail no. 3, Tihar Jail, Delhi, the complainant was on duty of producing the jail inmates through VC from 02:00 pm to 09:00 pm.
It was alleged that the accused, Salman Tyagi, was lodged in Ward No. 2 of the jail and was to be produced through VC, but he did not come to the room despite several instructions. At about 03:30 pm, while the complainant was standing at the gate of the VC room, the accused came and pushed him.
It was further stated that the accused then went inside the room and started roaming here and there. The complainant asked the accused to stand in the queue for his production before the court through VC, but the accused threatened him, saying, “Who are you to stop or question me? It’s my choice; I will go wherever I want, whenever I want.”
When the complainant objected, the accused abused him and gave beatings to him. The staff members intervened and rescued the complainant. The complainant made a complaint to the office of the Jail Superintendent. An FIR was registered, and upon the culmination of the investigation, a chargesheet was filed against the accused in court. (ANI)
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